No Cyber-Warrant Required?

stitzman writes: "Senator Jon Kyl, R-AZ and Senator Charles Schumer, D-NY have co-sponsored a bill that would make it possible to investigate cyber-crime without all those pesky search warrants. Here's the San Francisco Chronicle story." Frightening quote: "law enforcers would no longer need to obtain a search warrant in every jurisdiction through which a cyber-attack traveled." And in a vaguely related story, jkujawa passes along this ComputerUser article in which the National Infrastructure Protection Center frets about (but offers no answers to) the ease of launching anonymous electronic attacks.

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Contact information

[Weezul]

Well it's time to call the members of the Senate Judiciary Subcommittee on Technology, Terrorism and Government Information and tell them that this bill is a bad idea. Here is the contact information for the subcommittee. Actualy, you may as well tell the Judiciary committee that this is a bad idea too. Their contact information is here.

The following senators are members of the subcommittee:

Sen. Jon Kyl, R-Ariz. Chair (cosponcer)
Sen. Charles Schumer, D-N.Y. (cosponcer)
Sen. Orrin Hatch (R-UT)
Sen. Charles Grassley (R-IA)
Sen. Mike DeWine (R-OH)
Sen. Dianne Feinstein (D-CA) Rnk. Mem
Sen. Joseph Biden Jr. (D-DE)
Sen. Herbert Kohl (D-WI)

Hardware up for grabs

[bmasel]

The bill also makes it easier for the Feds to sieze hardware, without the inconvenience of obtaining a criminal conviction.... Even as recently improved, the forfieture provisions of the Controlled Substance Act are lacking in due process. (d) CRIMINAL FORFEITURE- That section is further amended by adding at the end the following new subsection: `(i)(1) The court, in imposing sentence on any person convicted of a violation of this section, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person forfeit to the United States-- `(A) the interest of such person in any property, whether real or personal, that was used or intended to be used to commit or to facilitate the commission of such violation; and `(B) any property, whether real or personal, constituting or derived from any proceeds that such person obtained, whether directly or indirectly, as a result of such violation. `(2) The criminal forfeiture of property under this subsection, any seizure and disposition thereof, and any administrative or judicial proceeding relating thereto, shall be governed by the provisions of section 413 of the Controlled Substances Act (21 U.S.C. 853), except subsection (d) of that section.'. (e) CIVIL FORFEITURE- That section, as amended by subsection (d) of this section, is further amended by adding at the end the following new subsection: `(j)(1) The following shall be subject to forfeiture to the United States, and no property right shall exist in them: `(A) Any property, whether real or personal, that is used or intended to be used to commit or to facilitate the commission of any violation of this section. `(B) Any property, whether real or personal, that constitutes or is derived from proceeds traceable to any violation of this section. `(2) The provisions of chapter 46 of this title relating to civil forfeiture shall apply to any seizure or civil forfeiture under this subsection.'.